ACRU: College Officials Who Resist Equal Protection Are Like ‘Racist Throwbacks’

WASHINGTON D.C. (March 16, 2015) —- Racial preferences in college admissions are a relic from an earlier era that now wrongly discriminate against several groups of citizens, states an American Civil Rights Union brief submitted today to the U.S. Supreme Court.

“The University of Texas, as well as other colleges and universities across the country, are resisting civil rights enforcement today under the Equal Protection Clause analogously to the Southern Resistance that resisted integration 60 years ago after Brown v. Board of Education. This Court must face this reality,” states the brief in Fisher v. Univ. of Texas at Austin, written by ACRU General Counsel Peter Ferrara.

“The motivation today is different,” the brief says. “Sixty years ago, the resistance was from racist throwbacks that were still resisting black integration almost 100 years after the Civil War. Today, the resistance is from self-satisfied, so-called ‘progressive’ elitists, who are sure they are smarter and more moral than everyone else, and so are entitled to make their own rules.”

The plaintiff, Abigail Noel Fisher, was a victim of reverse discrimination when she applied for admission to the University of Texas in 2008. In 2011, the Supreme Court remanded the case to the Fifth Circuit to review the record under strict scrutiny. But the Fifth Circuit did not follow these instructions, the brief says.

“These so-called ‘progressive’ elitists display a religious devotion to permanent racial preferences and quotas,” the brief states. “This Court, and several individual members of it, have recognized in several cases over the years that such racial discrimination against white victims is just as objectionable under the Equal Protection Clause as discrimination against black victims. Such discrimination generally involves discrimination against Jewish and Asian students in particular.”

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